Citation Nr: 0909048
Decision Date: 03/11/09 Archive Date: 03/17/09
DOCKET NO. 07-15 904 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Lincoln,
Nebraska
THE ISSUES
1. Entitlement to an initial evaluation in excess of 10
percent for degenerative joint disease of the right shoulder.
2. Entitlement to an initial evaluation in excess of 10
percent for tendonitis of the right wrist.
3. Entitlement to an initial evaluation in excess of 10
percent for bursitis of the right hip.
4. Entitlement to an initial evaluation in excess of 10
percent for irritable bowel syndrome.
5. Entitlement to an initial evaluation in excess of 10
percent for hypothyroidism.
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
M. Katz, Associate Counsel
INTRODUCTION
The Veteran served on active duty from August 1986 to May
2006.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a June 2006 rating decision by the
Department of Veterans Affairs (VA) Regional Office in Salt
Lake City, Utah (RO). The Veteran's claims file is in the
jurisdiction of the VA Regional Office in Lincoln, Nebraska.
FINDING OF FACT
Prior to promulgation of a decision by the Board, the Veteran
withdrew her appeals with regard to the issues of entitlement
to entitlement to an initial evaluation in excess of 10
percent for degenerative joint disease of the right shoulder,
entitlement to an initial evaluation in excess of 10 percent
for tendonitis of the right wrist, entitlement to an initial
evaluation in excess of 10 percent for bursitis of the right
hip, entitlement to an initial evaluation in excess of 10
percent for irritable bowel syndrome, and entitlement to an
initial evaluation in excess of 10 percent for
hypothyroidism.
CONCLUSION OF LAW
The criteria for withdrawal of the substantive appeal for the
issues of entitlement to an initial evaluation in excess of
10 percent for degenerative joint disease of the right
shoulder, entitlement to an initial evaluation in excess of
10 percent for tendonitis of the right wrist, entitlement to
an initial evaluation in excess of 10 percent for bursitis of
the right hip, entitlement to an initial evaluation in excess
of 10 percent for irritable bowel syndrome, and entitlement
to an initial evaluation in excess of 10 percent for
hypothyroidism have been met. 38 U.S.C.A. § 7105 (West
2002); 38 C.F.R. §§ 20.202, 20.204 (2008).
REASONS AND BASES FOR FINDING AND CONCLUSION
Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal
which fails to allege a specific error of fact or law in the
determination being appealed. A substantive appeal may be
withdrawn in writing at any time before the Board promulgates
a decision. 38 C.F.R. §§ 20.202, 20.204(b). Withdrawal may
be made by the Veteran or by his or her authorized
representative. 38 C.F.R. § 20.204.
By a June 2006 rating decision, the RO granted the Veteran's
claims of entitlement to service connection for degenerative
joint disease of the right shoulder, tendonitis of the right
wrist, bursitis of the right hip, irritable bowel syndrome,
and hypothyroidism, and assigned a 10 percent evaluation for
each. In October 2006, the Veteran filed a notice of
disagreement to the evaluations assigned by the RO in the
June 2006 rating decision, and in May 2007 the Veteran
perfected her appeal. However, in a January 2009 written
statement, the Veteran withdrew her appeals regarding these
issues, and indicated that she no longer wished to have a
hearing before the Board with regard to these issues. With
no allegation of error of fact or law remaining before the
Board, the Board does not have jurisdiction to review the
appeals and they are dismissed.
ORDER
The claims of entitlement to entitlement to an initial
evaluation in excess of 10 percent for degenerative joint
disease of the right shoulder, entitlement to an initial
evaluation in excess of 10 percent for tendonitis of the
right wrist, entitlement to an initial evaluation in excess
of 10 percent for bursitis of the right hip, entitlement to
an initial evaluation in excess of 10 percent for irritable
bowel syndrome, and entitlement to an initial evaluation in
excess of 10 percent for hypothyroidism are dismissed.
____________________________________________
JOY A. MCDONALD
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs